Marva Ross v. HHS - Influenza, shoulder injury related to vaccine administration, brachial plexus injury, and/or adhesive capsulitis (2014)

Marva Ross filed a petition on May 21, 2013, alleging that she suffered shoulder injury related to vaccine administration (SIRVA), brachial plexus injury, and/or adhesive capsulitis as a result of receiving an influenza vaccine on October 17, 2011. The respondent filed a Rule 4(c) Report on August 30, 2013, conceding that the petitioner's alleged injury was consistent with SIRVA and that it was caused by the October 17, 2011, flu vaccination.

The parties subsequently filed a proffer on the award of compensation. Special Master Laura D.

Millman, in a decision dated March 18, 2014, found the terms of the proffer to be reasonable and awarded Marva Ross a lump sum payment of $102,701.21, representing all elements of compensation. This award was to be paid via a check made payable to the petitioner.

Later, on September 25, 2014, the parties filed a stipulation of fact regarding attorneys' fees and costs. Special Master Millman issued a decision on that date awarding $19,400.00 for attorneys' fees and costs, payable by check jointly to Marva Ross and Shoemaker, Gentry & Knickelbein, and $388.61 for petitioner's costs, payable by check to Marva Ross.

Clifford J. Shoemaker represented the petitioner, and Lara A.

Englund represented the respondent.